Tulsa County District Judge Doug Drummond denied Tulsa City Councilor Mykey Arthrell’s petition alleging irregularities in the District 5 election.

The judge’s ruling said Arthrell did not provide enough evidence to prove that the outcome of the election was affected by what happened at one precinct.

On election day, the Tulsa County Election Board and Tulsa County Sheriff’s Office held a news conference revealing that some voters at Precinct 77 did not receive the Tulsa ballot.

Watch the news conference here

Election Board Secretary Gwen Freeman said the poll workers responsible for the error were removed and replaced. Freeman said registries filled out by those poll workers indicated 30 or more voters did not receive a city council ballot.

The winner of that election was Grant Miller. He told KRMG the number of people who reportedly did not receive a ballot was way off.

“We know of four people who were deprived of a ballot for certain.” Miller said. “We know that they were deprived of a ballot for certain because they came back and cast a provisional ballot which was later counted.”

Miller won the election by 24 votes.

Arthrell filed a petition three days after the election alleging the balloting issue was enough to potentially affect the outcome of the election.

The judge’s order stated that Arthrell would have had to prove that 24 or more voters would have cast ballots in the District 5 election, absent irregularities.

“To void that election, Arthrell must show that the irregularity has made it impossible to determine with mathematical certainty which candidate won.” The ruling stated. “He has fallen short of that standard.”

Judge Drummond said Arthrell’s evidence was the registries filled out by poll workers who were removed from their duties. And the judge said Election Board Secretary Gwen Freeman testified that the registries were “flawed” and that they have errors.

“Mere probability alone, no matter how great, is insufficient to declare either party the winner of a contested election.” Judge Drummond wrote.

Grant Miller, along with the rest of the city council, will be sworn in on December 5th.

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